Land Use Application and Land Use Approvals. Promptly following the expiration of the Feasibility Period, Purchaser shall submit to the County for the County’s approval, at Purchaser’s sole cost and expense, a rezoning application with Conceptual Development Plan (as defined by the Fairfax County Zoning Ordinance) and Final Development Plan (as defined by the Fairfax County Zoning Ordinance) and all related documents and applications, with shall be consistent with the Minimum Site Requirements (the “Land Use Application”). Prior to the submission thereof to the County, Purchaser shall be required to submit the Land Use Application to Seller for Seller’s review, comment and approval pursuant to the provisions of this Section 6(b). Upon Seller’s receipt of the Land Use Application, Seller shall have ten (10) business days (the “Application Review Period”) to review the Land Use Application; provided, however, Seller’s approval shall not be unreasonably withheld, conditioned or delayed if the Land Use Application complies with the Minimum Site Requirements. In the event that Seller provides comments to the Land Use Application prior to the expiration of the Application Review Period, Seller and Purchaser shall work together in good faith to address such comments so that the Land Use Application can be submitted to the County without undue delay. In the event Seller does not provide comments to the Land Use Application to Purchaser prior to the expiration of the Application Review Period, Seller shall be deemed to have approved the Land Use Application provided it complies with the Minimum Site Requirements, and Purchaser shall proceed with the filing of the Land Use Application pursuant to the provisions of this Section 6(b). Following Purchaser’s submission of the Land Use Application, Purchaser shall diligently prosecute the same in an attempt to obtain the Land Use Approvals (as hereinafter defined). Purchaser shall be deemed to have obtained the “Land Use Approvals” on the date when the Land Use Application is approved by all applicable governmental authorities, subject only to such proffers as are acceptable to Purchaser, in its sole discretion, and all applicable appeal periods have expired without an appeal having been filed or, if an appeal is filed, the entry of a final ruling upholding the Land Use Approvals and the expiration of all applicable appeal periods without an appeal of such ruling having been filed. Purchaser shall keep Seller reasonably informed regarding the status of the Land Use...
